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Practical Guide

My housing is uninhabitable

An unsanitary dwelling constitutes a serious defect (art. 258 CO). The tenant can demand immediate remediation (art. 259a CO). If completely uninhabitable, immediate termination is possible (art. 259b let. a CO) without the obligation to pay rent. In case of partial serious defect, withholding of rent…

Applicable law articles

Critical Deadlines

  1. Documenting the Uninhabitabilityimmediate
  2. Written Notice of Default and Formal Notice from the Landlordwithout delay (as soon as ascertained) — no specific time limit provided in the law (CO 257g / CO 259a / CO 259b)
  3. Report to municipal hygiene/housing servicein parallel, immediate
  4. Rent depositafter written notice (CO 259g)
  5. Submission to conciliation authorityimmediately after deposit (CO 259d / CO 259e / CPC 197)

Keywords

insanitary unsanitary conditions health habitability serious breach

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